On September 11, 2020, DOL (the US Department of Labor) announced updates to its temporary rule executing the emergency paid sick leave and family and medical leave claims under the federal FFCRA (Families First Coronavirus Response Act). The revised rule, which was issued on 16 September 2020, explains the specific obligations and rights for the organization and worker under the FFCRA (Families First Coronavirus Response Act) in light of an August 3, 2020 declaration from the US District Court for the Southern District of New York. The FFCRA decision had canceled various parts of the prior DOL rule. 

The especially revised rule:

1. Reiterate that workers may take FFCRA leave if only there is a task available from which to take leave.
2. Validates that the worker must obtain employer permission to take leave where intermittent FFCRA leave is accessible under the DOL guidance.
3. Narrows the previous definition of DOL’s healthcare provider.
4. Explains the timing for when a worker must give documentation establishing an FFCRA leave request.

The Revised Rules of DOL in Response to the FFCRA Decision

Concerning the work-availability requirement, the US Department of Labor explained that it never assigned the need to employ only three of the qualifying objects for taking leave. Hence, the revised DOL regulations now explicitly present that for each one of the qualifying purposes for which leave can be considered, “a worker is not eligible for paid leave until and unless the organization would otherwise have a task for the worker to perform.” Also, the revised DOL regulation states that the proper analysis of the FFCRA is that a worker may take leave harmonious to the Families First Coronavirus Response Act “only to the degree that a qualifying cause for the leave is a ‘but-for’ reason of their incapability to work.” In simple words, there are certain works for which the workers can take leave. Otherwise, the worker is not qualified to take leave under the FFCRA. However, the DOL underscored that organizations cannot escape their obligations under the FFCRA by modifying the schedule of the worker or making work unavailable.

The revised DOL regulation resolves several outstanding questions asked by the FFRCA decision. To know more about the revised rules of DOL in response to the FFCRA decision, attend the Compliance Prime webinar.